Obligations of a physician and the limits of his/her liability towards the attitudes of legal representatives that hinder or prevent the treatment of a minor patient with type 1 diabetes – legal and ethical aspects

This article examines the legal and ethical obligations of physicians towards minor patients with type 1 diabetes in situations where their legal representatives hinder or prevent treatment. This issue is gaining importance in the context of the observed increase in parents forgoing insulin therapy or follow-up visits in favor of alternative medicine. In such situations, physicians face a dilemma: how to reconcile the parents' right to decide on their child's treatment with their own obligation to protect the child's life and health. The study discusses the scope of physicians' obligations under the law, with particular emphasis on civil and criminal law, including the requirement to notify the family court. It also emphasizes the importance of taking conciliatory measures – such as a written request for the guardian to attend a visit with the child – as a form of early intervention before notifying the authorities. The conclusions point to the need to develop clear procedures for intervention in cases of minor patients with chronic diseases failing to report, to strengthen interinstitutional cooperation, and to provide health education for parents. The article aims to show that the physician's responsibility in such cases goes beyond the medical sphere – it also includes the obligation to respond legally and ethically to a threat to the child's well-being.

The article draws on legal provisions and legal acts relevant to the issue under study. Legal literature, including commentaries and scholarly articles, was also analyzed. Documents and materials relevant to the topic were also considered.

The study was conducted using a dogmatic method, allowing for a systematic interpretation of legal provisions. A literature review was also employed to organize the positions of the doctrine. Additionally, elements of comparative analysis of available sources were employed to better understand the issues under investigation.